How to transfer the real estate certificate to someone else
The transfer of real estate certificate is an important legal act for the transfer of house ownership, involving various situations such as sale, donation, inheritance, etc. Recently, real estate transfer procedures and policies have become a hot topic, especially with the advancement of real estate registration reforms in various places. Many people have questions about the transfer details. This article will analyze in detail the steps, required materials and precautions for transferring the real estate certificate to help you complete the transfer procedure efficiently.
1. Common ways to transfer real estate certificates
Real estate certificate transfer mainly includes the following methods:
| Transfer method | Applicable scenarios | Features |
|---|---|---|
| Transfer of ownership | Transfer ownership via trade | Deed tax, value-added tax and other fees need to be paid |
| Gift transfer | Free gifts to relatives or others | The recipient needs to pay deed tax and may face high taxes on future sales. |
| inheritance transfer | Transfer after death of owner | A notarized will or legal inheritance is required, and the tax is lower |
2. The specific process of real estate certificate transfer
No matter which transfer method you choose, the basic process is as follows:
| steps | Operation content | Things to note |
|---|---|---|
| 1. Sign an agreement | The buyer and seller sign a contract or gift agreement | The agreement must specify the housing information, price, payment method, etc. |
| 2. Prepare materials | ID card, real estate certificate, tax payment certificate, etc. | Inheritance transfer requires additional death certificates and notarial certificates |
| 3. Pay taxes and fees | Pay deed tax, personal tax, etc. according to policies | Gift and inheritance tax standards are different and need to be calculated in advance |
| 4. Registration | Submit an application to the Real Estate Registration Center | Some cities support online reservations to shorten processing time |
| 5. Get a new certificate | Receive the new real estate certificate after passing the review | Usually takes 5-10 working days |
3. List of materials required for transfer of real estate certificate
The following are the core material requirements for different transfer methods:
| Material type | Transfer of ownership | Gift transfer | inheritance transfer |
|---|---|---|---|
| Proof of identity | Original ID cards of buyer and seller | Original ID cards of both parties as a gift | Original ID card of the heir |
| Proof of ownership | Real estate certificate, land certificate | Real estate certificate, donation notarization certificate | Real estate certificate, death certificate |
| tax voucher | Deed tax payment certificate | Gift deed tax invoice | Inheritance notary fee bill |
| Other documents | sales contract | Proof of kinship (if applicable) | Will or legal inheritance document |
4. Things to note when transferring the real estate certificate
1.Tax calculation: The tax rate may vary greatly in different regions. For example, the deed tax in first-tier cities is generally 1%-3%, and individual tax may be paid on the difference of 20% after the transfer of the property as a gift and subsequent sale.
2.Co-owners agree: If the property is jointly owned by husband and wife, both parties must sign together; in inheritance cases, all legal heirs must reach an agreement.
3.Mortgage Processing: Houses with loans must first pay off the loan or go through remortgage procedures, otherwise they cannot be transferred.
4.Timeliness: Gift and inheritance transfers may be extended due to incomplete materials. It is recommended to consult a professional agency in advance.
5. New developments in real estate transfer policies in 2024
Recent hot policies include:
| area | Key points of the new regulations | Effective time |
|---|---|---|
| Beijing | Implementing "one window acceptance" and shortening the time limit for transfer registration to 3 working days | January 2024 |
| Guangzhou City | Gifts from immediate family members are exempt from personal income tax | March 2024 |
| Hangzhou City | Online real estate registration "full online processing" system | February 2024 |
It is recommended to check the latest policies on the official website of the local real estate registration center or the 12345 hotline before processing to avoid information delays affecting the processing progress. For complex situations (such as foreign-related real estate, property rights disputes, etc.), it is recommended to entrust a professional lawyer to assist in handling.
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